Brand new trial courtroom offered five (5) reasons inside the ruling in favor of respondent CCP. Second, incase, arguendo, that petitioner didn’t privately enjoy the said financing, he need to have registered a 3rd party ailment up against Wilson Lucmen, brand new so-called covered class but he failed to. 4th, petitioner will most likely not avoid their liability to spend their obligation below the latest promissory note (Exh. «A») which he need certainly to follow within the good faith pursuant so you’re able to Blog post 1159 of The brand new Municipal Password. Fifth, petitioner is actually estopped away from doubting their responsibility or mortgage duty to the non-public respondent.
The latest petitioner appealed the decision of the trial courtroom into the Courtroom from Appeals insofar because charged desire, surcharges, attorney’s charge and you can excellent injuries resistant to the petitioner. (далее…)